Parker v. Elkins Welding & Construction, Inc. (In Re Elkins Welding & Construction, Inc.)

OPINION

CLARK, Bankruptcy Judge.

Tom Parker (“Parker”) appeals from a Memorandum Opinion, Order and Judgment of the United States Bankruptcy Court for the District of New Mexico denying his motion for summary judgment and granting the motion for summary judgment of Lea County State Bank (“Lea”). For the reasons set forth below, we AFFIRM the bankruptcy court.

I. Background

On August 3, 1998, the debtor entered into an Auction Agreement with Parker-Braden Auctions (“PB”), under which PB was to sell the debtor’s equipment, including at least nine trucks or trailers (“Vehicles”) at an auction to be…